Legal Opinion

Hubbard v. Furman University

Supreme Court of South Carolina

Decided April 9, 1907PublishedCited by 19 opinions

Before Watts, J., Greenville, November, 1906. Action by Louis M. Hubbard against Furman University. From order sustaining demurrer, plaintiff appeals. cites: Complaint states a cause of action: 63 S. C, 625; 1 N. & McC, 290; 4 McC, 491; 18 Ency, 994, 1054; 8 L. R. A, 193, 524; 6 Rich, 431; 9 Rich, 313. The language alleged is libellous: 22 S. C, 372; 6 Rich, 431; 5 East, 231. The question is for jury: 18 Ency, 996-7; 45 Am.

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Before Watts, J., Greenville, November, 1906. Action by Louis M. Hubbard against Furman University. From order sustaining demurrer, plaintiff appeals. cites: Complaint states a cause of action: 63 S. C, 625; 1 N. & McC, 290; 4 McC, 491; 18 Ency, 994, 1054; 8 L. R. A, 193, 524; 6 Rich, 431; 9 Rich, 313. The language alleged is libellous: 22 S. C, 372; 6 Rich, 431; 5 East, 231. The question is for jury: 18 Ency, 996-7; 45 Am. R, 618; 22 S. C, 372; 2 N. & McC, 511; 2 McC, 189; 2 Rich, 573; 2 Bail, 579. cite: Libel deñned: 18 Ency, 861, 917, 916, 924, 944, 945, 1029, 974, 975, 977 990, 991; 61 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This action was brought to recover damages for certain publications of the defendant alleged to be defamatory of the plaintiff and injurious to his reputation and business as head of a music school.

The Circuit Court sustained a demurrer to the complaint, on the ground that it failed to state facts sufficient to constitute a cause of action, in that the publications attributed to the defendant were not defamatory or libellous. The exceptions in varying terms assign error in this conclusion.

The definition of libel as adopted in Smith v.…

2Cases cited2 opinions

  1. Smith v. Bradstreet CompanySupreme Court of South Carolina · 1902
  2. Ross v. McGuffinCourt of Appeals of Texas · 1884

3Cited by19 opinions

  1. Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
  2. Jack's Cookie Company, and Cross-Appellee v. A. A. Brooks, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1955
  3. Jenkins v. Southern Railway Co.Supreme Court of South Carolina · 1924
  4. Bell v. Clinton Oil MillSupreme Court of South Carolina · 1924
  5. Black v. State Co.Supreme Court of South Carolina · 1913

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